I live in an apartment and every night my neighbour's son begins playing music loudly around 10 pm until morning and keeps me up. I keep complaining to my neighbour about her son’s behaviour, but nothing has been done. I further complained to my landlord who said there was nothing he could do and advised me to call the police. What should I do?  

Generally, responsibility for addressing issues of nuisance or annoyance during a tenancy rests with the landlord. In keeping with Section 12 of the Rent Restriction Act, the landlord can warn the tenant of any person residing with him whose conduct causes a nuisance or annoyance to other tenants. The landlord may consider issuing the tenant a notice to quit, seeking assistance from the police or obtaining legal advice. If the landlord fails to act, you may contact the police directly. 

I am two months behind on my rent, and my landlord has decided to change the locks on my apartment until I am up to date with my payments. Once I have paid off the arrears, I will get the news keys. Should I agree with this arrangement?

No. Do not accept that arrangement. Changing the locks to keep you out of the property does not replace the required written notice to quit. Under section 12(a) of the Rent Restriction Act, a notice to quit may be issued after rent has been unpaid for at least 30 days. Your landlord must follow statutory procedures and cannot lawfully sidestep by offering an alternative arrangement. If your landlord changes the locks while the tenancy continues, you should be provided with new keys.

My tenant is one month late with rent, which is in breach of our agreement and exceeds the five-day grace period. Despite giving a warning letter and attempts to address the matter respectfully, the rent remains unpaid, and my communications have been met with disrespect. What can I do about unpaid rent, breach of agreement and disrespect?

According to the Rent Restriction Act, Cap 378, section 12(a) and (b), a landlord may issue the tenant a written notice to quit when the rent is 30 days or more in arrears. The landlord can consult with a lawyer regarding the tenant’s failure to uphold the tenancy agreement and appropriate next steps.

I have been renting an apartment for the past 6 months. The contract does not stipulate a time frame in which the landlord may visit the property. However, every 2 weeks, the landlord shows up unannounced to check the property. Is this right?

According to the Rent Restriction Act Section 12(6)(iii), the landlord is responsible for the repairing (beyond fair wear and tear), improving, or rebuilding the rented property. To fulfil these duties, the landlord must conduct inspections, however, the Act does not specify how often. Best practice is to give the tenant at least 24 hours’ notice and to schedule visits between 8:00 am and 6:00pm.

I have rented a property with my brother for five years. The landlord has given me a notice to quit within 14 days claiming my brother, the original tenant, has migrated to the USA, I explained that my name is on the lease and that I have the same rights as my brother, but my objection was unsuccessful. What should I do?

Generally, the lease should state whether you are an approved occupant or a joint tenant. In joint tenancy, the landlord may pursue one or all named tenant under the lease. An approved occupant, however, is not a tenant. Regardless, under section 12 of the rent restriction Act, a landlord must give the tenant at least 30 days’ notice to quit.

I am a tenant on a one-year lease. My landlord has decided to end the tenancy early, due to a family emergency. Is this legal?

Under section 12(6)(i) of the Rent Restriction Act,Cap.378, a landlord may give a notice to terminate a tenancy if the property is required for immediate occupancy by the landlord, a person wholly dependent on the landlord, or a person bona fide residing with the landlord. However , a written notice no less than 30 days must be given to the tenant.

Four months into a one-year tenancy , one of the tenants has decided to leave, while the other two are looking for a new roommate. When they moved in, I received a cheque from a tenant who is still residing. Now, the departing tenant is asking for half of the deposit back. What should I do?

Review the tenancy agreement and the terms and conditions regarding the deposit, including the time of return. Generally, the deposit is not returned individually but held in full until the end of the tenancy to cover unpaid rent, bills or damages to the property. Encourage all tenants to discuss the matter and reach a mutual agreement .The remaining tenants may consider reimbursing the departing tenants and collecting the deposit contribution from the new tenant.